AN ACT DIRECTING THE COMMISSIONER OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE TO PLACE A CONSERVATION RESTRICTION ON AND TRANSFER A CERTAIN PARCEL OF LAND TO THE KUZEJA REAL ESTATE TRUST.
Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same,
The commissioner of the division of capital asset
management and maintenance may, subject to
sections 40F 1/2 and 40J of chapter 7 of the
General Laws, convey by deed a
certain parcel of land located in the city of Holyoke to the following
parties: Anna K. Block, Mildred M. Dube, Bertha K. Fournier, Edward
Kuzeja, John Kuzeja and Doris E. Kuzeja, trustees of Kuzeja Real Estate
The parcel, being a portion of the n/f "Bassett Road" a 1798 county layout
the City of Holyoke City Line to a point in Bassett Road opposite the
northwesterly corner of a parcel of land belonging now or formerly of Evadin C.
O'Connor & Evadine K. Lennon, as is shown on a plan entitled "Plan of Land
Hampshire County, Southampton, Hampshire County and Holyoke, Hampden County
Massachusetts" prepared for the heirs of Anna J. Kuzeja, dated
February 4, 1999 and
revised March 22, 1999, prepared by Almer Huntley Jr., & Associates Inc.,
Northampton, MA and recorded in the Hampshire county registry of deeds in Plan
Book 185, Page 87 and the Hampden county registry of deeds in Plan Book 312,
The parcel shall be used for conservation purposes to enhance
and connect adjacent property or properties under the ownership of the Kuzeja
Real Estate Trust, which also contains conservation restrictions thereon, and
a conservation restriction,
shall be placed upon all land
conveyed by this act pursuant to section 31 of chapter 184 of the General
Laws. The exact boundaries of the parcel shall be determined
commissioner after completion of a survey.
The consideration for the conveyance of the parcel
described in section 1 shall be the full and fair market value of the land
based upon 1 or more professional appraisals commissioned by the commissioner
of capital asset management and maintenance, taking into
consideration and account the land use restrictions described in section 1.
commissioner shall, 30 days prior to the conveyance
described in said section 1, submit the appraisal or appraisals, and a report
to the inspector general. The inspector general shall review and approve the
appraisal or appraisals, and the review and approval shall include an
examination of the methodology utilized for the appraisal or appraisals. The
inspector general shall prepare a report of his review and approval and file
the report with the commissioner for submission to the house and senate
committees on ways and means and the chairmen of the joint committee on state
administration at least 15 days prior to the conveyance.
The grantees shall be responsible for all costs associated
with any appraisal or appraisals, survey or other expense incurred by the
commonwealth relative to the conveyance authorized by section 1.
If the parcel described in section 1, or any portion
thereof, ceases to be used at any time for the purpose and use required by this
act, upon notice by the commissioner of capital asset
management and maintenance, the parcel shall revert to the commonwealth upon
such terms and conditions as the commissioner may determine.